What happens if you sell a domain name trademarked?? - GoFuckYourself.com

tempra · 07-03-2003, 09:45 PM

What happens if i sell a domain name trademarked to someone living in Africa? This company is one of the biggest companies in the world and they emailed me about this issue,

What can I do now? I live in canada but sold this domain name?

Probono · 07-03-2003, 09:57 PM

I suspect the buyer has the headache not you.

goBigtime · 07-03-2003, 10:05 PM

It would probably all depend if anyone knew about this thread or not

VideoVoyeur · 07-03-2003, 10:08 PM

I took a trademarked domain I had for years, didnt even know it was trademarked, they sent me a really asshole c&d talking about they could own my house.

I transfered it to a friend of mine in Japan, sent back a letter telling them to suck me.

They never persued it.

If they hadnt been assholes, I would have just given it back, but I figured since they wanted to play Id play.

My friend still owns the domain 2 years later.

Toker · 07-03-2003, 10:14 PM

Quote:

Originally posted by tempra
What happens if i sell a domain name trademarked to someone living in Africa? This company is one of the biggest companies in the world and they emailed me about this issue,

What can I do now? I live in canada but sold this domain name?

Tell them to fuck off..If they want the Domain to buy it from you!
They can't do SHIT as a domain is an address not a product..
I'll buy it from ya, what is it and how much ya want fo it???

tempra · 07-03-2003, 10:26 PM

THis is eBay, not like other companies, they are huge and they have power but the problem is can they do anything to a person lives in Africa? He will use this domain and they sent me a message regarding laws and they say even if i sell this domain they can charge me??

Toker · 07-03-2003, 10:33 PM

Quote:

Originally posted by tempra
THis is eBay, not like other companies, they are huge and they have power but the problem is can they do anything to a person lives in Africa? He will use this domain and they sent me a message regarding laws and they say even if i sell this domain they can charge me??

Tell them to suck eggs...Hell someone had both Coke.com and Zerox.com when they first came out..The companys bought them from them..
A Domain is like a phone # or an address and they're sucking air from a dead asshole trying to hastle ya...They can't do shit about it!

MissEve · 07-03-2003, 11:24 PM

They can force you into arbitration or choose court instead.

Mr.Fiction · 07-03-2003, 11:30 PM

Quote:

Originally posted by MissEve
They can force you into arbitration or choose court instead.

Not if he gets rid of the domain to his friend in Japan. Once he gives the name away, there is little they can do to him. Then it becomes the problem of the new owner. Maybe somehow it would still be possible to do something to the original guy, but I have never heard of it happening, where someone doesn't own a domain anymore and he still gets sued.

In a lot of cases, people just delete domains when they get cease and desist complaints. Guess what happens when you delete a domain? Some other person picks it up. Then the company has to deal with the next person, not you.

PHmike · 07-03-2003, 11:34 PM

Quote:

Originally posted by Toker

Tell them to suck eggs...Hell someone had both Coke.com and Zerox.com when they first came out..The companys bought them from them..
A Domain is like a phone # or an address and they're sucking air from a dead asshole trying to hastle ya...They can't do shit about it!

no. they send your host a letter. your host shuts you down.

Toker · 07-03-2003, 11:59 PM

Quote:

Originally posted by PHmike

no. they send your host a letter. your host shuts you down.

For what ??????
You Tradmark a Product or Company name, NOT an address!
A Domain is an Address informing someone where to forward your mail and any other BW sent to you!

MissEve · 07-04-2003, 12:09 AM

Quote:

Originally posted by Toker

For what ??????
You Tradmark a Product or Company name, NOT an address!
A Domain is an Address informing someone where to forward your mail and any other BW sent to you!

Why do you think people lose domain disputes? Its not just on a first come basis.

andi_germany · 07-04-2003, 12:11 AM

There are different trademarks:

1. Name (wordmark)
2. Product
3. In certain countries you can even tradmark ideas but not in many.

Then there are idfferent versions:
1. National
2. Europeanwide
3. Worldwide

The problem with worldwide is that they have to do it nationaly for every country to be sure. If they don't own a trademark in your country and you country does not agree to some Madrid agreement (it is an international agreement about trademeark) the trademark is not worth shit. Now all depands what ending of ebay you own. It's probably some small extension for some african country but if it is something european or a country that the company has a trademark in you might be in bad luck if their trademark is older than your domain registration.
Not sure what they can do if you sell it but I would say they might be able to argue that you have to cover their costs of getting the domain from the buyer and the buyer might get back to you.

My advice is talk to a lawyer.

MissEve · 07-04-2003, 12:11 AM

By the way, I don't think they can do much to you if you sell it, it really would be the problem of the new owner.

tempra · 07-04-2003, 12:14 AM

I dont understand why eBay is dealing with me, look at this guy he registered on Dec 02 and still running the site

http://www.ebay-auction-tactics.com

I registered 4 days ago and got an immediate complimant from eBay

They say in their letters they will do whatever they can aganist me....

MissEve · 07-04-2003, 12:22 AM

http://www.icann.org/dndr/udrp/policy.htm

07-04-2003, 12:33 AM

say your account got hacked and that you lost the domain to the hands of you dont know who!

always works for me!

tempra · 07-04-2003, 01:07 AM

http://ebaysucks.com
EbayExodus.com
EbayDown.com
EbaysDown.com

All these domain seem very happy , so can anyone explain something about these domains?

Thanks

tempra · 07-04-2003, 11:17 AM

Can anyone come out with answer to this ???

KRL · 07-04-2003, 11:21 AM

This isn't a law firm. Any legal advice you get here will be of unreliable quality most times and based on conjecture. Consult with an attorney specializing in intellectual property law.

tempra · 07-04-2003, 11:27 AM

Sorry about that, I knew here is not a law firm but I dont know who to consult, also lawyers ask money for that and I dont wanna rip off from lawyers for this, is there any where that i can get free advice about this issue?

Thank you..

KRL · 07-04-2003, 11:33 AM

If you sold the domain, it is now the new owner's problem. If you knew prior that the domain was trademarked and did not disclose this to the buyer, then the buyer might have some recourse depending on what the written agreement says that he signed when you sold if there was one.

This of course assumes the company in Africa is pursuing the rights to the trademark legally.

A lot of things depend on the legal jurisdiction you are in also.

Where are you? Where was the domain registered prior? Where is the new owner based?

What exactly are they demanding? That you rescind your deal with the new buyer and get the name back and transfer it to them?

If you provide more details, you'll have a better chance of getting more answers.

Wiseman · 07-04-2003, 12:22 PM

Whats the Domain?

07-03-2003, 09:45 PM	#1
tempra Confirmed User Join Date: Jul 2001 Location: Toronto Ontario Canada Posts: 295	What happens if you sell a domain name trademarked?? What happens if i sell a domain name trademarked to someone living in Africa? This company is one of the biggest companies in the world and they emailed me about this issue, What can I do now? I live in canada but sold this domain name? __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

07-03-2003, 10:26 PM	#6
tempra Confirmed User Join Date: Jul 2001 Location: Toronto Ontario Canada Posts: 295	THis is eBay, not like other companies, they are huge and they have power but the problem is can they do anything to a person lives in Africa? He will use this domain and they sent me a message regarding laws and they say even if i sell this domain they can charge me?? __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

07-04-2003, 12:11 AM	#13
andi_germany Confirmed User Join Date: Oct 2002 Location: Germany Posts: 768	There are different trademarks: 1. Name (wordmark) 2. Product 3. In certain countries you can even tradmark ideas but not in many. Then there are idfferent versions: 1. National 2. Europeanwide 3. Worldwide The problem with worldwide is that they have to do it nationaly for every country to be sure. If they don't own a trademark in your country and you country does not agree to some Madrid agreement (it is an international agreement about trademeark) the trademark is not worth shit. Now all depands what ending of ebay you own. It's probably some small extension for some african country but if it is something european or a country that the company has a trademark in you might be in bad luck if their trademark is older than your domain registration. Not sure what they can do if you sell it but I would say they might be able to argue that you have to cover their costs of getting the domain from the buyer and the buyer might get back to you. My advice is talk to a lawyer. __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

07-04-2003, 12:14 AM	#15
tempra Confirmed User Join Date: Jul 2001 Location: Toronto Ontario Canada Posts: 295	I dont understand why eBay is dealing with me, look at this guy he registered on Dec 02 and still running the site http://www.ebay-auction-tactics.com I registered 4 days ago and got an immediate complimant from eBay They say in their letters they will do whatever they can aganist me.... __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

07-04-2003, 01:07 AM	#18
tempra Confirmed User Join Date: Jul 2001 Location: Toronto Ontario Canada Posts: 295	http://ebaysucks.com EbayExodus.com EbayDown.com EbaysDown.com All these domain seem very happy , so can anyone explain something about these domains? Thanks __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

07-03-2003, 09:57 PM	#2
Probono Confirmed User Join Date: Oct 2002 Location: Under the Rainbow Posts: 2,731	I suspect the buyer has the headache not you.

07-03-2003, 10:05 PM	#3
goBigtime Confirmed User Join Date: Nov 2002 Posts: 7,761	It would probably all depend if anyone knew about this thread or not

07-03-2003, 10:08 PM	#4
VideoVoyeur So Fucking Banned Join Date: Jun 2003 Posts: 2,181	I took a trademarked domain I had for years, didnt even know it was trademarked, they sent me a really asshole c&d talking about they could own my house. I transfered it to a friend of mine in Japan, sent back a letter telling them to suck me. They never persued it. If they hadnt been assholes, I would have just given it back, but I figured since they wanted to play Id play. My friend still owns the domain 2 years later.

07-03-2003, 11:24 PM	#8
MissEve Confirmed User Join Date: Aug 2002 Location: Anchorage, AK Posts: 583	They can force you into arbitration or choose court instead.

07-04-2003, 12:22 AM	#16
MissEve Confirmed User Join Date: Aug 2002 Location: Anchorage, AK Posts: 583	http://www.icann.org/dndr/udrp/policy.htm

07-04-2003, 12:33 AM	#17
buddyjuf Guest Posts: n/a	say your account got hacked and that you lost the domain to the hands of you dont know who! always works for me!

07-04-2003, 11:17 AM	#19
tempra Confirmed User Join Date: Jul 2001 Location: Toronto Ontario Canada Posts: 295	Can anyone come out with answer to this ??? __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

07-04-2003, 11:21 AM	#20
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	This isn't a law firm. Any legal advice you get here will be of unreliable quality most times and based on conjecture. Consult with an attorney specializing in intellectual property law. __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

07-04-2003, 11:27 AM	#21
tempra Confirmed User Join Date: Jul 2001 Location: Toronto Ontario Canada Posts: 295	Sorry about that, I knew here is not a law firm but I dont know who to consult, also lawyers ask money for that and I dont wanna rip off from lawyers for this, is there any where that i can get free advice about this issue? Thank you.. __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.

07-04-2003, 11:33 AM	#22
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	If you sold the domain, it is now the new owner's problem. If you knew prior that the domain was trademarked and did not disclose this to the buyer, then the buyer might have some recourse depending on what the written agreement says that he signed when you sold if there was one. This of course assumes the company in Africa is pursuing the rights to the trademark legally. A lot of things depend on the legal jurisdiction you are in also. Where are you? Where was the domain registered prior? Where is the new owner based? What exactly are they demanding? That you rescind your deal with the new buyer and get the name back and transfer it to them? If you provide more details, you'll have a better chance of getting more answers. __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

07-04-2003, 12:22 PM	#23
Wiseman Confirmed User Join Date: Jan 2002 Posts: 2,990	Whats the Domain? __________________ []E-mail: [email protected][]ICQ: 109726012[*]AIM: QbWiseman